9911796707
TMI Blog2017 (9) TMI 1965X X X X Extracts X X X X X X X X Extracts X X X X ..... the permission of the Applicant Company and the amount is lying in the National Company Law Tribunal. There is no order from the National Company Law Tribunal that Applicant is entitled for the amount invested by it for the shares allotted to it and that were cancelled. Therefore, it cannot be said that any amount is due to the Applicant from the 1st Respondent Company as a debt much less as a financial debt. Application disposed off. - C.P. (LB) No. 92/7/NCLT/AHM/2017 - - - Dated:- 20-9-2017 - Sri Bikki Raveendra Babu, Member (J). Mr. Ajay Antarkar, learned PCS for the Applicant. None appeared for Corporate Debtor. ORDER 1. Engenious Engineering Private Limited stying itself as Financial Creditor , filed this A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led. 2.2. It is the case of the Applicant, as can be seen from Column No.4 of Part V, that the Applicant Company invested amounts in Respondent Company by way of Share Capital, but the allotment of shares by the Respondent Company to the Applicant Company has been cancelled by the Hon ble Company Law Board by its order dated 14.3.2013 which has already been referred to in the earlier paragraph. That is how the Applicant is claiming an amount of ₹ 79,15,480/-. 2.3. In Column No.8 of Part V of Form-I, it is stated that Shri G. Padmanabhan, one of the Directors of Engenious Engineering Private Limited filed an Affidavit before the Hon ble Company Law Board on 9th April, 2014 in CP No. 51 of 2011 stating that Engenious Engineering P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017, learned Advocate Mr. Prabhat Chaurasia represented that he is having scanned copy of Vakalatnama sent by group of shareholders of the Company who were not parties to this Application. It is pertinent to mention here that the Respondent Company is Onaex Natura Private Limited. In order to contest the matter, Respondent s authorised representative either in person or through his duly appointed Advocate can represent and file objections before this Adjudicating Authority. The shareholders of Onaex Natura Private Limited are not parties to this Application. There is no Rule that enjoins upon this Adjudicating Authority to give notice to all the shareholders of the Respondent Company. The shareholders also did not choose to file any Interv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
